Sudhanshu Swaroop practises in a wide area of international and commercial law. He has been at 20 Essex Street since October 1998.

Born in 1973, he was educated at Magdalene College Cambridge (1991-1994) MA (Hons) in Law (taking one of the highest Part 1 Firsts in the university), and Exeter College Oxford, 1995/1996) BCL, where he specialised in international and comparative law.

A Major Scholar of the Inner Temple, he was called to the Bar in 1997.

"The Lawyer" Magazine has chosen him as one of its "hot 100" lawyers, noting his " flourishing commercialpractice" and "impressive and worthwhile work in the field of international human rights.

The Legal 500 (2008 edition) recommends him for “Shipping” and describes him as “robust”

Banking/Financial Services/Company

Seconded to the Financial Services Authority, during Spring 2000; advised on various aspects of the Financial Services and Markets Bill (as it then was) and acted in assorted regulatory matters.Since then he has advised and acted in a number of matters involving the Financial Services and Markets Act 2000, including compliance and litigation.

Stax Litigation [2007] EWHC 143 (Ch) 01 Feb 2007 (Judgment of Warren J) - ongoing claims against banks and IFAs in relation to allegedly fraudulent pension fund transfer scheme.

FSA v Sean Fradley and 147 Racing Limited Times Law Reports, 8 November 2004 - raised a number of issues under FSMA 2000, including the meaning of "collective investment scheme".

Trident Fashions plc Times Law Reports, 23 April 2004 - shareholders challenging a Company Voluntary Arrangement relating to the retailers “Ciro Citterio”.

Amalgamated Metal Trading v City of London Police Financial Investigation Unit and others [ 2003] 1 WLR 2711 - a leading case on s93A to F Criminal Justice Act 1993 regarding money laundering and the steps that a bank must take where there is suspicion that a customer's account represents "the proceeds of crime" within the meaning of the 1993 Act.

Jacobsens v Casio Computer Company Ltd - allegations of fraud, reported in The Financial Times on 5th November 2002.

Energy

Instructed by the Government of India in the Bilateral Investment Treaty Arbitration relating to Dabhol Power Station - technical issues about combined cycle power stations and electricity supply grids; legal issues about construction of the underlying Power Purchase Agreement (Value US$billions).

Recently involved in a substantial international arbitration relating to installation of FPSO off the coast of South Africa - raised complex issues of expert evidence (Value US$30million).

Acted in LCIA Arbitration involving dispute over shares in a former nuclear missile factory, now an oil facility, in Kazakhstan (Value US$5m).

Assisted in “The Energy Searcher” , a trial in the High Court of Singapore - technical issues about drilling equipment on oil rigs; legal issues about economic loss (Value US$40million).

In Texuna v Cairn Energy acted in High Court dispute concerning joint venture for oil blocks in Turkmenistan (value US$100 million).

Acted in ad hoc arbitration relating to drilling operations in Iranian waters in Arab Gulf (value US$2million).

In Varg Topsides acted in LCIA Arbitration about the construction of an oil FPSO in the North Sea (value US$100million).

Insurance/Reinsurance

Instructed by insurers in film finance litigation including, Royal Bank of Canada v Maurice Howell and Others and Filmline International v Etheridge and Others. Both cases concerned the proper construction of a TVC insurance policy and allegations of non-disclosure and misrepresentation.

Acted for reinsurers in arbitration arising from Kingscroft and others v Nissan.

International Trade/ Shipping/Commodities

STX Pan Ocean Co Ltd v Ugland Bulk Transport A.S. (The “LIVANITA”) [2008] 1 Lloyd’s Rep 86 - whether an express safe port warranty in a charterparty applies to a named port.

Jindal Iron and Steel Co ltd and Others v Islamic Solidarity Shipping Company [2005] 1 Lloyd’s Rep 57 (House of Lords); [2003] 2 Lloyd's Rep 87 (Court of Appeal and First Instance) - the three Courts reviewed various aspects of the law on cargo claims, including the construction of “FIOST” clauses in Charterparties and Bill of Lading Contracts and the extent to which the Hague Convention abrogates freedom of contract.

Macieo Shipping Ltd v Clipper Shipping Lines Ltd [2000] 1 Lloyd's Rep.645 - international trade/ shipping; whether stevedores were incompetent.

Schimon Schestowitz Ltd v Security (North West) Ltd [2001] All ER (D) 350 (May) - cargo stolen from warehouse; legal issues about vicarious liability for fraud.

Injunctions/Procedural

Regularly acts in cases involving freezing orders, and other interlocutory and procedural matters; these include:

Texuna International Ltd v Cairn Energy Plc EWHC 1102 (Comm) 17 May 2004 (Judgment of Gross J) - whether a security for costs order “discriminated” in breach of the EC Treaty and the ECHR.

Hadjisawas v Zampelas (Commercial Court June 2000) - incorporation of arbitration clause into partnership agreement; whether procedure for appointment of arbitrator was valid.

Public International/Human Rights

Oberoi v United Kingdom (European Court of Human Rights, pending) – whether the “Regulation of Investigatory Powers Act 2000” (which governs surveillance operations by the UK authorities) complies with the ECHR (in particular, Articles 8 and 13)

Chief Justice of Pakistan v President of Pakistan and others (Pakistan Supreme Court, July 2007) - whether the suspension from office and treatment of the Chief Justice of Pakistan is constitutional; drafted amicus brief on the principles relating to independence and impartiality of judges.

Hamdan v Donald Rumsfeld et al (United States Supreme Court, March to April 2006) - challenge to the Military Commissions established by the United States to try the detainees at Guantanamo Bay.

A v Secretary of State for the Home Secretary [2005] UKHL 71; [2006] 2 AC 221 (House of Lords) - whether evidence alleged to have been obtained by torture is admissible to detain terrorist suspects.

Challenge to Law 975/2005 (Colombian Constitutional Court) challenge to Colombian law which regulates demobilization of the paramilitaries; whether under international law the State has a duty to investigate and whether there is a “right to truth” in the context of widespread killings and human rights abuses.

Ozkan Kalin v Turkey (European Court of Human Rights) - Articles 6, 7, 10 and 14 of ECHR; relating to the prosecution by the Turkish authorities of a journalist of Kurdish origin.

Tahir Elci (and others) v Turkey (European Court of Human Rights) - Articles 3, 5, 8, Article 1,Protocol 1 and Article 25 of ECHR; relating to the prosecution by the Turkish authorities of various lawyers of Kurdish origin.

Dabhol (International Arbitration) instructed by Government of India in the multi-billion dollar bilateral investment treaty claim relating to the Dabhol power station that was built by Enron in the 1990s; factual issues about the Indian political system; public international issues about the law of expropriation.

Afghanistan - in April 2006 he worked in Kabul on a project (backed by the Foreign Office) to train Afghan Judges and Lawyers.

Sudan/Darfur - in November 2005 he went to Darfur in order to assist Sudanese lawyers representing victims of torture and other human rights abuses. Currently working on a challenge to the Sudanese “Immunity Laws” in the African Commission on Human Rights.

Advisory work and lecturing includes the following:

In Stockholm (September 2006) gave talk on “War on Terror”, at invitation of Amnesty International.

Advises and lectures on Bilateral Investment Treaties; gave seminars on this topic at the University of Damascus in March 2006.

Lectured members of the British Army on the Laws of (and in) War with particular reference to the situation in Iraq (May and November 2004).

Has advised on the United Nations Convention on the Law of the Sea and the availability of remedies in the International Tribunal for the Law of the Sea in Hamburg.

Travelled to Sudan (October 2003) on behalf of the Bar Human Rights Committee, where he lectured and trained the Judiciary (members of the Supreme Court and Court of Appeal) on various aspects of international commercial law (including international treaties); the subject of an article in the Yearbook of Islamic Law.

At the United Nations in Geneva (Summer 1995) presented a paper to the first ever UN High Commissioner for Human Rights, discussing the High Commissioner's role in times of war and armed conflict.

He is a member of the Executive of the Bar Human Rights Committee and is Editor of the Public International Section of “Law in Brief".

Languages

French (working knowledge); Hindi (working knowledge).